Seawright v. Am. Submit a complaint and get your issue resolved. - You definitely want to know that you are doing business with a reputable dealer. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. I had been told it would be free of charge. Corp.,912 F.2d 1563, 1567 (6th Cir. Discovery due by 10/9/2015. Abner, 260 S.W.3d at 355. Do you even have a contract with the company (supposed lender) that is taking the moneyNope. We reopened the pool this May and I was so surprised to find that the pool water looked pretty much the same as it did when I closed it, just as I was told it would with following closing procedures. He was very professional and knowledgeable and answered all my questions and concerns. The pump is very strong and keeps the pool clean. Plaintiffs Andrew Roberts and Stephanie Roberts claim they initially agreed to purchase a pool for $24,631.11, but when the installer arrived with the additional contract terms, the new purchase price was $55,278.60. Plaintiffs' request first requires this Court to explain what issues may be decided by this Court and what issues must be decided by an arbitrator. We have had many hours of enjoyment from this beautiful pool. Well, I have my contract, and it shows $14000 as the financed amount, and I would love to take them to court over this, but am not sure who I can sue. 1999). The FTC should be all over these people, illegal financing arrangementseven same as cash requires a loan agreement with disclosures that are required by law. The Plaza 851 Brickell Condominium Association will pay up to 300000 to settle a class-action lawsuit accusing the group of charging illegal fees to residents. The Court will address this issue after further discovery. "PURCHASER AGREES TO REIMBURSE THE DEALER FOR REASONABLE ATTORNEY FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY SUIT OR MOTION TO COMPEL ARBITRATION." See Gannon v. Circuit City Stores, 262 F.3d 677, 683 n.8 (8th Cir. An example is when "material, risk-shifting" terms "not typically expected" are hidden in "boilerplate." Plaintiffs are a collection of pool owners who purchased and financed their pools from Defendant Blue World Pools, Inc. ("Blue World"). Registration Sys. I researched above-ground pools and Blue World Pools was the front runner for installation in my area. Conversely, a contract clause is not procedurally unconscionable if it is stated in "clear and concise language" and is "not hidden or obscured." Corp.,183 F.3d 173 (3rd Cir. (Docket #1-2). Section 3 of the FAA permits a party seeking to enforce an arbitration agreement to request that litigation be stayed until the terms of the arbitration agreement have been fulfilled. My husband tried to explain to the guy that we had just got home, just received the paperwork today, and had not had a chance to look it over. Energy Home v. Peay,406 S.W.3d 828, 835 (Ky. 2013). The Plaintiffs initialed next to a line that stated: "I (WE) AGREE TO BINDING ARBITRATION AS WRITTEN IN SECTION G, (SEE SECTION "G") ON PAGE 2." After customers called to inquire about a pool, Blue World would schedule an in-home sales pitch. However, the ability of Plaintiffs to recover attorneys' fees is small consolation when almost all other recourse has been stripped away.2. I have been very satisfied with it and enjoying it ever since. (Docket #1). Id. Gen. Fin. Bougainville Copper#US lawsuit. Telephone Conference set for 12152015 at 945 AM before Senior Judge Thomas B. Plaintiffs argue the arbitration clause is substantively unconscionable because it "fails to provide [Plaintiffs] with an adequate opportunity to vindicate [their] claims." This is the 2nd pool I have had installed by Blue World Pools. The pool has been great and easy to keep clean. The Court will address the (A) procedural unconscionability argument, before turning to the (B) substantive unconscionability argument. We then fell on financial hard times with the passing of my grandmother, totaling of my car, and my need to have surgery. Defendant must file a response on or before November 6, 2015. When the product is quality, it sells itself, no one likes to be mislead. Id. Kentucky, Louisville Division. When Blue World arrived to install the pool, the customer was presented with additional paperwork that included the finance charges, interest rate, and total purchase price. Id. Blue World Pools, Inc. stands by the product, installation, and warranty. 2002). Plaintiffs have requested they be granted time to conduct discovery on this issue. (Docket #5). Carson Street Suite 4925 Carson City Nevada United States of America. Morrison, 317 F.3d at 663. But when the pool got there we had to pay extra for 52 inches. ANDREW ROBERTS, et al., Plaintiffs, This matter is set for a telephonic conference on December 15, 2015 at 9:45 am Eastern (Louisville) Time. "[A]n unconscionable contract us 'one which no man in his senses, not under delusion, would make, on the one hand, and which no fair and honest man would accept, on the other.'" Co., 571 S.W.2d 438, 439 (citing Black's Law Dictionary, Revised 4th Ed., p. 1694). Click the citation to see the full text of the cited case. They call our cell phones, house phones and my work phones. It was installed in late August by a great crew. I was very skeptical about investing in a Blue World Pool. The limitation of liability provision states: Furthermore, the carve-out allowing attorney's fees to be recovered seems designed to protect Blue World's right to recover attorneys' fees from Plaintiffs. Feb 9 2015. "[I]f the claim is fraud in the inducement of the arbitration clause itself - an issue which goes to the 'making' of the agreement to arbitrate - the federal court may proceed to adjudicate it." I pool ionizer is great, and even after heavy rains the water stays clear. I wouldn't purchase another from any other company. You may have claims against them for giving you misleading information but a licnesed attorney needs to review your recordings. (Docket #6). 2004); Rent-A-Center, W., Inc. v. Jackson, 561 U.S. 63, 80 (2010) (listing two exceptions to the general rule that "questions related to the validity of an arbitration agreement are usually matters for a court to resolve before it refers a dispute to arbitration"). Stephanie Roberts, Plaintiff, represented by Aaron J. Bentley , Craig Henry PLC & James Robert Craig , Craig Henry PLC. Monthly bleach is required, some drainage and removal of pump and ionizer is required for winter. (Docket #5). "Procedural unconscionability relates to the process by which an agreement is reached and to the form of the agreement." Mortg. LEXIS 58840, *11 (W.D. Conseco Fin. Econoline pools are the most affordable option these pools start at $399 and include a filter, pump, liner,. 3. The installers were prompt and professional, and the materials themselves are excellent. The lawyers get paid, and so should you. Blue World Pools Inc. Blue World Pools Overview. Pools range from $399 and go up to more than $10,000. I wasn't asked in advance, informed in advance, nothing. Credit Union v. Donaldson, Lufkin & Jenrette Sec. Blue World Pools, Inc., Defendant, represented by Gregory E. Mayes, Jr. , Steptoe & Johnson, PLLC & Jeffrey K. Phillips , Steptoe & Johnson, PLLC. Any customer who objected was told they could no longer rescind the purchase. (Docket #6). Who knows. In other words, for a district court to decide a claim of fraud in the inducement, "the complaint must contain `a well-founded claim of fraud in the inducement of the arbitration clause itself, standing apart from the whole agreement, that would provide grounds for the revocation of the agreement to arbitrate.'" Then, when I was called with confirmation of my pool order, the folks at puronics told me that they had included a ionic water filter system for my home, valued at $2900, and had been added to my loan amount. Ins. I was initially upset with the 'bait n switch' approach even though they do cover their tracks in paperwork and signoffs. The list is updated frequently, so check . Blue World Pools is open seven days a week from 8 a.m. to 6 p.m ET. It includes debt cancellation for customers who were misled into buying pools from Blue World, as well as a $1 million payment from the company.The assurance stems from an investigation by the office into whether Atlanta-based Blue World was engaging in unfair or deceptive practices in connection with the sale and financing of pools to West Virginia consumers between 2008 and 2012. The Court agrees that having the entire one-page arbitration agreement capitalized is a poor way to draw attention to the specific rights being waived. This is a very high quality pool; much more so than I thought it would be. United States District Court, W.D. (Docket #6). I am pursuing a class action lawsuit against this company for their bad practices and malicious financial hardships against the public. The interest rate ranged from 15% to 36%. Blue World Pools contacts (added by reviewer) Phone number +1 888 . The company also agreed to cancel $647,477.57 in consumer debt.Our office is constantly working on the front lines to protect consumers from businesses who may engage in unscrupulous or unfair business practices, Morrisey said. Ripoff Report Corporate Advocacy Business Remediation and Customer Satisfaction Program is a program that benefits the consumer, assuring them of complete satisfaction and confidence when doing business with a member business. C.B.S. Blue world pools class action lawsuit. This is the worst I ever seen, this rep come to me, and make it all sound good. 1-16, in response to the common law hostility toward arbitration and the refusal of many courts to enforce arbitration agreements. The parties must complete discovery by October 9, 2015. Thank you, you have successfully subscribed to our newsletter! Buena Vista Rancheria of Me-Wuk Indians of California#History. (Docket #5). Blue World Pools -. Do you have a paper that says when they will stop stealing from your bank accountNOPE. "A provision limiting remedies in such a way is a substantial waiver of a plaintiff's rights, and an arbitration clause that contains a substantial waiver of a party's rights is unenforceable." The call came to confirm the installation, then the call came from the installer and then before I knew it the installer was here and installing the pool. "Substantive unconscionability refers to contractual terms that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent." A reviewing court must compare "average or typical arbitration costs" with the "costs of litigation," in the process "discount[ing] the possibilities that the plaintiff will not be required to pay costs or arbitral fees because of ultimate success on the merits." Energy Home v. Peay, 406 S.W.3d 828, 835 (Ky. 2013). Blue World Pools offers affordable and deluxe above-ground swimming pool package options. Butterick also suggests alternatives for adding emphasis, such as using the heading "Important," using a larger size text, and the sparing use of bold or italic. --------. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. The Supreme Court has further stated that the FAA's underlying purpose is to put arbitration agreements "upon the same footing as other contracts." Elec. (quoting Javitch, 315 F.3d at 624); "Because arbitration agreements are fundamentally contracts," the Court must "review the enforceability of an arbitration agreement according to the applicable state law of contract formation." The installation was perfect. . at 512. Companies displayed may pay us to be Authorized or when you click a link, call a number or fill a form on our site. Servs., Inc.,507 F.3d 967, 972 (6th Cir. A class-action lawsuit led by Chris Moneymaker, 2003 World Series of Poker Main Event champion, was filed in January against PayPal. I now have a high quality, low maintenance pool that we can afford and enjoy for years to come. Among other claims, Plaintiffs claim Blue World misrepresented terms of financing in violation of the Kentucky Consumer Protection Act and the Truth in Lending Act. Stacy, 27 F. Supp. Burden v. Check Into Cash of Ky., LLC,267 F.3d 483, 492 (6th Cir. . Plaintiffs argue they were fraudulently induced into signing the purchase agreement and seek facts surrounding the drafting of these contracts, "circumstances surrounding Plaintiffs' execution of their respective contracts, and the training and education of Blue World Pools agents who countersigned Plaintiffs' respective contracts." We were unsure at first but Blue World worked with us to make sure we were happy. In short, the Court will allow Plaintiff to conduct discovery on the claim of substantive unconscionability. 1985)). Id. Id. . Available in 15,18, 24 or 27 Round, or 15 x 26 Oval*. Blue World allegedly advertised "that a consumer can buy a pool from Blue World Pools and have the pool installed for a total of $399.00." Plaintiffs also criticize the arbitration clause for being entirely capitalized. Clark v. Brewer,329 S.W.2d 384, 387 (Ky. App. Co.,388 U.S. 395, 403-04 (1967). Once the purchase is complete, the company delivers the pool. Thankfully I can do the regular maintenance myself. However, this flaw alone does not render the arbitration clause and class action waiver unconscionable. "[I]f a plaintiff asserts valid statutory or common law claims and an arbitration provision prevents the plaintiff from seeking all remedies available under those claims, the arbitration provision essentially prevents the plaintiff from meaningfully pursuing the claims." I was told that if I sold my house, and the buyer didn't want the pool, they would move it to where I moved to. He was not pushy and did not pressure me in any way. 1959) ("one who signs a contract is presumed to know its contents"). Not bad for my negligence). Gen. Fin. Plaintiffs argue the arbitration clause is both procedurally and substantively unconscionable. Co., in which the Sixth Circuit refused to enforce an entire arbitration agreement because it contained an unenforceable clause. Registration Sys. Morrison, 317 F.3d at 663. My family and grandkids love this pool. Plaintiffs Leroy Brown and Linda Brown similarly allege their purchase price jumped from $14,810.48 in the initial contract to $31,434.48 at the time of installation. Also, did you sign an installment agreement with the required true interest cost? First one lasted 14 years with same original pump and sand filter! Section G stated in part: Plaintiffs were also required to sign a separate contract titled "Arbitration Agreement." The customer was also required to grant Blue World a lien on the customer's property. Id. Defendant has replied. They put in contract that you must cancel within 3 days by mail. Free installation is only available in specific states on customer-ready sites. We urge consumers to do their homework before entering into any contract and to not be afraid to say no to deals that seem too-good-to-be-true. Our stability is a result of our long-term commitment to providing value for our customers. We agreed to the less expensive pool. Andrew Roberts, Plaintiff, represented by, Stephanie Roberts, Plaintiff, represented by, Blue World Pools, Inc., Defendant, represented by. (Docket #1-2). If anyone is going in on a lawsuit, count me in. The FAA establishes a procedural framework applicable in both federal and state courts, and also mandates that substantive federal arbitration law be applied in both. Its a great investment for family enjoyment. The interest rate ranged from 15% to 36%. The company secured all of its finance agreements by recording a deed of trust against the consumers property and named itself as the trustee.In 18 sales, the finance agreements were sold to Community Home Financial Services Inc., a national consumer finance company based in Mississippi.The office alleged Blue World engaged in the practice of making mortgage loans without a license and, in some cases, did not disclose all finance charges that would be applied to the loans, including the fact that the annual percentage rates exceeded limits allowed in the state. (Docket #1). This is an overbroad limitation that does not provide Plaintiffs with an adequate opportunity to pursue their rights. (Docket #1-2). I can assure you that what you describe does not come anywhere close to Blue World Pools, Inc.s policies and procedures or any resemblance of a timeline of events that actually could have transpired. Packages include pool equipment and a manufacturers warranty. Servicing Corp. v. Wilder, 47 S.W.3d 335, 343 (Ky. App. She measured where the pool would go and where I wanted it to go. (Docket #6). At the time we purchased the pools neither of us were aware of the others purchase and the slaes practices and follow-up by the company was the same as yours actually maybe worse, it has forced us into bankruptcy. Mortg. "A fundamental rule of contract law holds that, absent fraud in the inducement, a written agreement duly executed by the party to be held, who had an opportunity to read it, will be enforced according to its terms." No chemicals, just a gallon of bleach a week. Skeptical about investing in a Blue World Pools not pushy and did not me... 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